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HomeMy WebLinkAbout2004-06-28 City Council (8)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL 17 CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: SUBJECT: JUNE 28, 2004 CMR:272:04 AGREEMENT BET%tEEN THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED SCHOOL DISTRICT FOR MAINTENANCE AND CAPITAL IMPROVEMENTS OF CITY AND DISTRICT OWNED ATHLETIC FIELDS, TENNIS COURTS AND BASKETBALL COURTS RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached contract with the Palo Alto Unified School District (PAUSD) for maintenance and capital improvements of PAUSD athletic fields, tennis courts, and City-owned Terman park tennis and basketball courts. BACKGROUND In November 1993, City staff and PAUSD representatives met to begin the process of creating a partnership for improving the maintenance of the PAUSD athletic fields. The initial phase of this study included a complete inventory of all sites. Staff evaluated all site conditions and infrastructure, completed a detailed review of community use patterns, and completed an analysis of the District’s budget, staff, and work distribution for landscape maintenance program. A summary report was developed and the results of the analysis concluded that: ¯School fields are heavily used by the community; ¯PAUSD cannot afford to maintain all fields in a condition comparable to City facilities or for intense athletic field use patterns; ¯Field infrastructure is old and deteriorated and needs to be replaced; ¯The bulk of PAUSD landscape operating budget is spent, at the high schools; ¯With the complexity of individual school’s educational programs, any proposed maintenance progam would be limited to the elementary and middle school athletic field areas only; CMR:272:04 Page 1 of 4 Due to limitations of PAUSD funding, the only viable alternative for improving PAUSD athletic fields for use both by PAUSD and the community is through a partnership with the City. The ultimate goal of the program was to improve athletic field areas to ensure safe fields for PAUSD and community use. After this information was developed, staff assembled a transition plan to initially secure maintenance support and equipment to begin maintaining the two middle school and one elementary school sites (CMR 202:95). The transition plan called for the addition of the remaining elementary school sites and to include capital improvements involving field and irrigation renovations. The high school sites have purposely left out of the pro~am due to the need for on-site staff at these locations to serve both enhanced school use and ongoing inter-scholastic activities. It was determined that it would not be cost effective to include the high school sites. At its October 16, 1995 meeting, Council approved Phase I of a two-year cooperative agreement between the City and PAUSD (CMR 442:95). The a~eement has City staff assuming athletic field areas maintenance, renovations and capital improvements at Jane Lathrop Stanford (JLS), Jordan and Walter Hayes school sites, as well as maintenance of the 25 tennis courts located at Gunn, Palo Alto, JLS and Jordan schools. The total costs for services for this pro~am are shared equally on a 50:50 basis. The a~eement commenced on January 1,997 and expired June 30, 1997. On June 23, 1997, Council approved Amendment #1 to the A~eement (CMR 280:97). This amendment extended the existing progam for two years. Because of work in profess regarding the PAUSD’s Building for Excellence Pro~am, the initia! capital renovations were deferred at this time. During this period, the city and the PAUSD met and ageed that the enhanced maintenance program had been very successful in providing improved field and tennis court conditions. On June 28, 1999, (CMR 250:99) Council approved Amendment #2. This amendment extended the pro~am for five years through June 2004. The pro~am has resulted in substantial turf and safety improvements at the PAUSD sites. Staff, students, parents, community members and user groups praise of the quality of field conditions that now exist. Capital improvement renovations have been completed at over 50 percent of school sites, resulting in ~eatly improved facilities as well as cost savings in water and utilities. DISCUSSION City and the PAUSD staff entered into negotiations to modify the current a~eement to meet the original goals of the maintenance plan. The following areas of the ageement are recommended for change: CMR:272:04 Page 2 of 4 a."District Facilities" meaning athletic fields and tennis courts, is expanded to include Terman Park tennis and basketball courts. No The term of the agreement will be for a five-year period commencing July 1, 2004 and expiring June 30, 2009, subject to annual approvals by both PAUSD and the City. Co do The shared costs of maintenance and capital improvements and estimated schedule for improvements, dependent upon the Building for Excellence Program, are outlined. (Section 5 - Payment of Costs of Maintenance). Exhibits have been modified to include Terman Park Tennis and Basketball Courts. RESOURCE IMPACT This program has been budgeted as a continuing program in the 2004-05 budget. There will be no additional General Fund or Capital Fund financial impact as a result of the new agreement and adding Terman Park. Staffing and service reductions in the 2003-05 two- year budget cycle resulted in savings offsetting the additional costs of Terman Park. In lieu of billing and payment procedures, the agreement states that the City will credit one- half of its actual costs against any and all monthly lease payments due and payable by the City under its "Lease and Covenant Not to Develop" lease agreement with PAUSD. POLICY IMPLICATIONS This amendment does not represent any changes to existing consistent with Comprehensive Plan implementation C4, C24, C26. City policies and is TIMELINE The terms of the agreement and subsequent amendments commence July 1, 2004 and end June 30, 2009. ENVIRONMENTAL REVIEW This agreement is exempt from the provisions of the California Environmental Quatity Act (CEQA) pursuant to section 15301 (existing facilities) of the CEQA guidelines. Therefore, no environmental assessment is required. ATTACHMENTS Attachment A: New Agreement including site map "Exhibits A-R" Attachment B: Insurance - City Attachment C: Insurance - PAUSD Attachment D: Certificate of Non-Discrimination - PAUSD CMR:272:04 Page 3 of 4 PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: PAUL DIAS Director, Par,kS~-~g’n~l..Golf PdCHA~D J ~rector, Co~gmty EMI~m~SON Assistant City M~ager Cc: PAUSD CMR:272:04 Page 4 of 4 ATTACHMENT A AGREEI~NT BETWEEN THE CITY OF P~O ~TO Ah~D TEE P~O ALTO UNIFIED SCHOOL DISTRICT OF SANTACLAP~ COUNTY CONCE.~iNG THE M~.INTEN~-NCE AND CAPITAL IMPROVEMENTS OF CERTAIN DISTRICT- OWIqED ATHLETIC FIELDS AND TENNIS AND BASKETBALL COURTS JOINTLY USED BY SCHOOL STUDENTS AND THE GENERAL PUBLIC This Agreement is entered into this day of , 2004 by and between CiTY OF PALO ~T0, a cha_uered city and a municipal corporation organized and existing under the Laws of the State of California ("CITY") and the PAL0 _ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLAP~A COUNTY, a unified schoo! district organized and existing under the Laws of the State of California, the o~er of the Facilities "DISTRICT"). RECITALS : mHEREAS, Section 10900 et ~q.ul bii~ b~ZZZU!iilU schoo! districts) to organize, ~~p_omoue and conduct programs of community recreation, establish systems of playgrounds and recreation, and acquire, construct, improve,maintain and operate recreation centers within or without the territorial limits of such pub!ic authorities; and WHEREAS, Section 10905 of the California Education Code authorizes public authorities to enter into agreements with each other for the maintenance of recreation centers; and WMm_~Ab, Section ±u~±u of =~- ~-~ ....~- ~; ....~:~- ~ d==u~2c~ may use orprovides that the governing body of any school ~-~’ ~ grant the use of any grounds o9 the schoo! district to any other public authority for the organizing, promoting and conducting of community recreation whenever such use wil! not interfere with the use o~ those facilities for any other purpose of the --- ~- -~^- system; and ~HEREAS, the parties have jointly kept open for school student and general public use in Palo Alto the athletic fields and tennis courts at the elementary middle schools and the tennis courts at Palo Alto and Gunn High Schools, and they desire to continue arrangements for their common use; and WHEREAS, the parties are interested in entering into a !ong-term, joint funding arrangement under which the CITY will ~__e athletic field areas and tennis court areas of the twelve elementary schools and the two middle schools and the tennis court areas of two high schools to enhance their usability by school students and the general public, and the DISTRICT will make such areas available to the general public at reasonable times when such areas are not being used exclusively for schoo! purposes; NOW, THEREFOR_E, in consideration of the Provisions of this Agreement, the parties agree: SECTION i.DEFINITIONS The te_rms used in this Agreement will have the meanings set forth be!ow, unless the context clearly indicates otherwise. !.i ~Agreement" means this "AGREEMENT BETWEEN THE CITY OF PASO ALTO .~qD THE PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA COUNTY CONCE~ING THE I~_INTEN_~gCE OF CERTAIN DISTRICT-O~ED ATHLETIC FIELDS ~ TENNIS AND BASKETBALL COURTS JOINTLY USED BY SCHOOL STUDENTS AND THE GENEP~L PUBLIC". 1.2 "Board of Education" means the Board of Education of the DISTRICT. 1.3 "Business Manager" means the Business M~nager of the DISTRICT, including any authorized representative. 1.4 ~Capital improvement" means any Improvement which has a standalone cost exceeding $25,000, or which has a usefu! life of, or "whose useful life can be extended, at least five to seven years, or which has a usefu! life of at least five to seven years after it is capable of providing a new functional use. 1.5 "City Manageri~ means the city manager of the CITY, ~nc~udin~ any ~ ~.....~au~hor±zed representative. 1.6 "Council" means the city council of the C!TY. 1.7 "Court" (collectively, "Courts") means any one of ~= ~=nn{~ or basketball court areas depicted in Exhibits "i", "K", "L", "0" and "R". 1.8 "~{~=~" m~n~ t~ n{rector of Community Services of the CITY, including any authorized representative. 1.9 "Facilities" mean the Courts and Fields, the dimensions of which for reference purposes are outlined below: Schoo! Site Fields Courts Basketbal! E~Lhibit Addison 1.58 acres 0 "A" Barron Park 2.34 acres 0 "B" Briones 1.25 acres @ "C" ~v~k 1.80 E1 Carmeio 1.81 acres 0 Escondido 2.44 acres 0 Fairmeadow 2.06 acres 0 Greende!l 1.79 acres 0 Gunn High School 0 acres 6 Hoover 1.60 acres 0 J.L. Stanford 10.45 acres 6 Jordan 6.68 acres 5 Nixon 3.71 acres 0 Ohlone 1.53 acres 0 Pa!o Alto High School 0 acres 7 Palo Verde .62 acres 0 Walter Hays 2.71 acres 0 Terman Park 4.00 acres 2 "E" *The District has use of the tennis and basketbal! courts located at Terman Park per the joint use agreement. i.!0 "~:^~"~±~±u (collectively, "Fields") means any ~n= of the athletic field areas depicted in E~ibits "A ....B ....C ....D" "E ....F ....G ....H ....T ....J ....K ....L ....N ....N ....0 ....P ....0" and i.i! "Improvement" means any physical l_~les.alteration, or betterment to the Faci {~’ addition, 1.12 ~Law" (collectively, "Laws") means any code, statute, constitution, ordinance, resolution, regulation, rule, judicia! decision, administrative order, or other requirement of any mtm_icipal, county, state, ~^~---~ or ~ ............ ~ ..... or authority having jurisdiction over the parties or the Schools, in effect at the time of execution of the Agreement or at any time during the term hereof, including, without limitation, any regulation or order or an official entity or body. 1.13 "Provision" (collectively, "Provisions") means any agreement, clause, condition, covenant, qualification, recital, restriction, reservation, te_rm, or other stipulation in this Agreement that defines or otherwise controls, establishes, or limits the perfo_rmance required or permitted by any party to this Agreement. Al! Provisions, wlnether covenants or conditions, wlnich are applicable to the DISTRICT, will be deemed to be both covenants and conditions. !.!4 "School" (collectively, "Schoo!s") means any one of the following elementary or high schools: Addison, Barton park, Briones, Duveneck, E! Carme!o, Escondido, Fairmeadow, Greende!!, G~n, Hoover, J.L. Stanford, Jordan, Nixon, Oh!one, Paio Alto High, Pa!o Verde, Water Hays and Terman Park. 1.15 "Superintendent" means the Superintendent of schools ....~u~ho_=zed representative.for the DTS~RYCT, including any - ~ r~ SECTION 2. TERM _<ND TERMINATION 2.1 The term of this Agreement wil! be for five (5) years commencing at 6:00 a.m. on July i, 2004, and expiring at midnight on June 30, _~009, subject to the earlier ~,_erm~_na’ ~’~_on of ~__Is Agreement by any party hereto upon ninety (90) days advance written notice. The preceding sentence not-withstanding, this Agreement is subject to the fisca! provisions of the Charter of the CITY and other Laws of the CITY and the DISTRICT, and this Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated by the Cou~ncil or Boa,@ of Education for the fol!owing fisca! year, or (b) at any time within a fisca! year in the. event that funds are not appropriated by the Cotuncil or Board of Education for a portion of the fisca! year and funds for this Agreement are no longer available. The CITY or District wil! use reasonable efforts to give the other party reasonable notice of ~,_~,_.~_~on in ~ event that funds wi!l not be appropriated. No provision is made for the automatic extension or renewal of the te_rm. 2.2 If the DISTRICT fails to install or construct any Improvement which is deemed reasonably necessary by the CITY to adequately perfo_rm its maintenance obligations under this Agreement, the CiTY may terminate this Agreement upon ninety (90) days’ advance written notice to the DISTRICT. For the purposes hereof, the Director may give notice to the Business Manager. 3.1 To the extent the authorized _epresenu~t~ves of the ~h_sparties have not conferred at the commencement date of ~ { Ag%eement, the authorized representatives of the parties wil! meet with each other at a mutually acceptable location to identify the Facilities and discuss and coo_d±n=ue the times and manner in which the orderly transition of the ’ ~ ~_ma~_nuena__ce obligations will be effected. The authorized representatives shal! meet regularly to review the maintenance ~h~S~]~ 9~r the Facilities. They will meet not less than once a year to discuss the use and maintenance of the Facilities. 3.2 Commencing on July !,2004, or thereafter, as p~~=~= the ~<~v wil! mow, trim., and ~rr~ate~ and perform other maintenance work of a genera! nature at the Fields at the frequencies and times in accordance with the field maintenance standards adopted by the C!TY for its owm_ district and neighborhood parks and public recreation areas. The obligation of the CITY to o=r~o~m Field maintenance work {s conditioned umon the functional ~÷~ a~d omerat~n ~ the ~÷~-astructure of the Fie!ds~ including, without limitation, the underground water irrigation system, at the time such maintenance work is to commence. 3.3 Commencing on July i, 2004, or thereafter, as practicable, the CITY will wash and air-b!ow the surfaces of the Courts, repair or replace, as reasonably necessary, the tennis nets and screens, and perform other maintenance work of a genera! nature at the Courts at the frequencies and times in accordance with the court maintenance standards adopted by the CITY for its own tennis court facilities. The obligation of the CITY to maintain the Courts wil! extend to or include the resurfacing and restriping of the Courts, which will be deemed work performed in connection with norma! maintenance functions. Such re-striping and resurfacing wil! be scheduled to match the existing CITY tennis court re- surfacing program at an approximate ~ive-year interva! for the ¯Ag_eemen~ will coverwork The obligation of the CITY umder this r ~ repairs and maintenance, including any capital im_mrovemen.t work re~aired, ~ the i~=gh~In~’ ~ system 7~=~=~ =~ the Pa!o ~7~o ~g~ Schoo! tennis courts. 3.4 Yn p~r~o_rm_.oing its maintenance obligations, the CITY will use its best efforts to prevent interference with the DISTRICT’s use of the Facilities during regular school hours. The CITY shall publish a maintenance schedule six months in advance of any planned maintenance activity and make that schedule known to the Business Manager for dissemination to the Schools involved. This schedule will be a~hered to by the Schools and no school ~’--’~’will be planned which would interfere with theseacu!v!u!es _ maintenance activities. Al! maintenance activities wi!l be perfo~nned between the hours of 6:00 a.m. and 4:00 p.m. on any day. The CiTY wi!l coord_na~e _~s schedu±e~ maintenance activities with ~ ~~’~ ~m~c calendar for each of the Schools. The Bu~{~e~s Manager and ~h..... u__e Director will coordinate on the behalf of the parties. Haintenance work will be scheduled so as to be for a maximum of one day at a time. 3.5 In the event of an emergency, including, without limitation, earthquakes, fires, flooding, or other events of force majeure, the CITY may perform non-scheduled maintenance at any of ~~ ~ notification ~ ~h= ~Tq~T~ ~ CITY will give notice of ~ny action it has taken in the event of an emergency within a reasonable time. in such event, the CITY will use its best efforts to provide the access to the affected Facilities for the DISTRICT. 3.6 With the exception of safety concerns, any concern of the DISTRICT about the general maintenance or use of the ~’ ~ will~ac~!~_es be communicated to the Director by the Business Manager. 3.7 in undertaking the necessary turf and grounds maintenance renovations if scheduled six months in advance, the CITY may curtai! and preempt the DISTRICT’s use of up to one-half of any Field up to four (4) times during the academic year for any single period not exceeding eight (8) consecutive weeks in duration. SECTION 4 PERFOP~INCE OF }Lh±NT~NANC~ BY THE DISTRICT 4.1 Am_y areas of the Facilities and all other areas of the Schools, including, without limitation, the turf, grounds, landscaped areas, buildings, parking !ots, fences, sidewalks, and trees, not exp_ressly identified in the exhibits or in this Agreement as areas to be maintained by the CITY wil! be maintained or cause to be maintained by the DISTRICT, at its sole cost and expense, in accordance with District standards. N~w~h=~=~=n~ any s ....smon of this A~em~n~ to the contrary, the DISTRICT, at its sole cost and expense, wil! p .... ~= ~ ca~o~ ~ ~ provided ~p~7 preparation and maintenance ~,4~ ~.,4~ ~~ ~ ~v ~÷ ~ ~c~7~tie~ to be used in con~_ection ’~ _wm~h soecial events or other similar f~nctions staged by the DISTRICT including, without _mmmta~mon graduation ceremonies, athletic events, tennis tournaments, and other inter-scholastic activities. 4.3 The DISTRICT, at its sole cost and expense, will continuously prowide services in connection with the removal of garbage, refuse, debris, rubbish, litter and other solid waste which have accumu_a~ed at the Facilities 4.4 ~ ~ ~m== a~r~ng the ~3erm_. of this Agreement, the DISTRICT will timely notify the CITY of any condition of the Facilities and all other areas of the Schools, of which it has actual or const_uc~ve knowledge, which may constitute or present _ _ ’ ~ r of sucha danger or threat to person or mromerty. The hen@e_ set forth in Section 8. 5.1 The allocable annua! costs of maintenance and capital improvements and water (plus equipment costs and salary and benefits costs, as appropriate) for the Facilities are estimated by the CITY to be the fol!owing: Ma!n ~e._ance 2@04-05 $68@,000 2005-@6 $701,000 20@6-@7 $722, @0O 2007-08 $743,00O Field Renovations (CiP) $125,000 (Jordan) $138,000 (Duveneck & Briones) $ 75,@00 (El Carmelo & Pa!o Verde) ~ 50,000 (~’~ ....~ 2008-09 $766,000 $ 80,000 (Ohione & Addison) Costs are shared 50:50 equally between the CiTY and DISTRICT~ 5.2 in lieu of billing and-pa]~ment procedures to be adopted by the parties under this Agreement, the parties agree that the CITY wil! credit one-half of its actual costs incurred in perfo_rming its maintenance obligations ~nder this Agreement against any and all monthly lease payments due and payable by the CITY under its lease agreement with the DISTRICT entitled ~’Lease and Covenant Not to Deve!op~. SECTION 6.iNST_~_L~_~hTi0N OR CONSTRUCTION OF I_W!PRO-v-~.WiENTS 6.1 In nonemergency situations, the CITY will not install or construct, or cause to be installed or constructed, any Improvement at any of the Facilities without the exp_ress written approval of the Superintendent. To the extent an Improvement which is deemed by the CITY to ~= ~easonab!y necessary to adequate!y perform its maintenance obligations hereunder carrot be installed or constructed or cause to be installed or constructed by the DISTRICT~ the CITY may undertake such installation or construction at the written request of the DISTRICT. Am_y Improvement installed or constructed by the CiTY wil! be deemed the property of the DISTRICT. 6.2 The insta!lation or construction of an Improvement in the event of an emergency may be conducted by the CITY in accordance with the provisions of Section 3.5. SsCT±ON 7 USAGE OF FACILITIES 7.1 In attempting to maximize the use of the Facilities by school students and the genera! public, the Director and the Business Manager may jointly adopt and promulgate and amend written rules and regulations governing the use of the Facilities. 7°2 The DISTRICT will have use priority of the Facilities between the hours of 8:00 a.m. and 4:00 p.m. on scheduled schoo! days. Use priority will be extended to inter- sc~7~ ~,~=~ ~~g at the Facilities until the completion of those scheduled activities, even if such activities are completed after 4:00 p.m. This priority will apply Hondays through Fridays of each week from September to mid-June of each academic year and Saturdays for the duration of any regularly scheduled inter-scho]=~ ~m~=~’~n,=~rov~d, however, priority will be extended to practice sessions for such competition. 7.3 The CITY will have use priority of the Facilities after 4:00 p.m. on scheduled schoo! days and at al! other =~ ~_~ weekends .............. = Exceptions to this use priority schedule may be agreed upon, in writing, by the Director and the Business Manager. The CITY wil! cooperate with the DISTRICT in any manner which wil! afford the DISTRICT an adequate opportunity to use the Schools for its activities,.programs and other needs. 7.4 The CITY will administer public use rese_rvations of the Facilities in accordance with the CITY’s written reservations and use priority policy, which will be provided to the DISTRICT. The CITY will be solely responsible for dete_rmining the parameters of the use priority system, as wel! as rental or user fees to be charged to members of the genera! public, including individuals ~nd organized groups, for the use of the ~acll!~_es during such times as the CiTY may exercise use m~or~ty over the ~ac~1~ties Such fees wil! conform to the Laws governing schoo! grounds and those which are applicable to the CITY’s property. All fees for the use of the Facilities covered by this Agreement (excepting the youth field user fees which will be wholly retained by the CITY) collected by the CITY will be equally shared, ~nd will be accounted ÷m~ ~ ~ manner as may be mutually acceptable to the parties. 7.5 Any merson who leases a School building of the DISTRICT will be entitled, upon submission of a written request to the CITY, to use the Facilities in order to meet any special recreationa! needs. ~y such request may be granted by the Director provided reasonable prior written notice of such need is given and the Director reasonably determines that such use will not unreasonably interfere with scheduled public recreational activities. SECTION 8. !_kTDE_~!q! F i CAT l ON 8.1 The CITY will defend, indeK~_ify and ho!d harmless ,~=’, employees and agentsthe DISTRICT its governing Board, o.._icers _ from any and. al! claims or causes of action for death or injury to persons, or damage to or loss of property, accruing on or after .~ ~ 20n~. and ~]~,~e~ ~n n~ arising out of the CITY’s performance or non-perfo~ance under this Agreement, excepting those claims or causes of action related to the physica! condition _,g_e~m~nt, of which the CITY has no actua! ~owl edge or related to or arising out of any co--unity recreation activity conducted, __~h Facilities, except toauthorized or organized by the CTTY at ~._e - the extent those claims arise in connection with or as a result of neg~g~= u: the ~:cmm<~ ts ........... e~m!oyees or agents. 8.2 The DISTRICT will defend, indem~nify and hold harmless the CITY, its Council members, officers, emp!oyees, and agents from any and al! claims or causes of action for death or injury to_mersons, or desr~age to ~ ~ of ~-~=~’~, ~~g n~ ..... n~- after July i, 2004, and related to or arising out of the negligent or inadequate supervision of any educationa! or recreationa! activities conducted, authorized or organized by the DISTRICT at the Facilities, except to the extent those claims arise in co~n_nection with or as a result of the negligence of the CITY, its Council members, officers, em_mloyees, or agents. SECTION 9.iNSUP~NCE 9.1 The DISTRICT, at its sole cost and expense, will ¯ obtain and maintain, in ful! force and effect, during the term of this Agreement, commercia! general liability insurance coverage described in Exhibit "S", in the amount of one million dollars ($i 000 000) insuring the Da_~±es and their officers, employees, and agents, and each of them, with respect to the DISTRICT’s participation and the se!-v-ices performed by the DISTRICT under the provisions of this Agreement. Concurrently with the execution of ~v~------~s Agreement, a certificate m÷ insurance wil! be ~{Ted with the CITY’s risk manager, and wil! contain the endorsements which state ti_-T -- ~_, ,~=t the D_STK±Cl wil! insure the marties, and each of them, for or liabil’~zcy arisina~ from the DTSTRICT’s_ _ _Darticimation_ and services performed hereunder, and will not be canceled or altered by the insurer except after the filing with the CITY Clerk thirty ( 30 ) days prior written notice of cancellation or alteration, and that the CITY is named as an additiona! insured under such policies required above or concerning the DISTRICT’s performance or lack of performance under this Agreement. 9.2 The CITY, at its sole cost and expense, will obtain and maintain, in full force and effect, during the term of this Agreement, its self-insurance program for general liability _ ~mxb_~m~_t , in the amount of one~r~n~ co~rerame described in ~’~ ’"T" million dollars ($!,000,000) , insuring the parties, and their officers, employees, and agents, and each of them, with respect to the CiTY’s participation and the services perfo~ed by the CITY ~nder the provisions of this Agreement. A certificate of insurance will be ~ ~=a with the DISTRICT’s risk manager, and will contain the endorsements which state that the CITY will insure the parties, and each of them, for any claims or liability arising from the ~=~ ~n~ ==~,{~=~ p~~S ~r~under. and wil! not be canceled or altered by the insurer except after the filing with the Superintendent thirty (30) days prior w_~ notice of cance!lation or alteration, and that the DISTRICT is named as an additional insured unae_ the CITY’s self-insurance progr~. SECTION !0.NOTICES !0.! Al! notices, demands, requests, consents, approvals, or other communications re,cited to be given will be in writing and may be delivered personally, or sent by the United States mail, -’~~=~ mail ~ ~,~ ~-~ =~-pr~s~ de!iver~post~ prep~ by cer~ ......~ -~ ~--~ ......- 9 service, or by facsimile transmission, to the addresses set forth below or to any other address as may be noticed by a party: CITY CITY Clerk Attn: Real Estate Division CITY of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 FAX: 323-1741 Copy to:Director of Community Services Dept. City of Palo Alto 250 Hamilton Avenue Pa!o Alto, CA 94301 FAX: 496-5916 DISTRICT Pa!o Alto Unified Schoo! District =~n. Business Hanager 25 Churchill Avenue m~]o Alto; CA 94306 F~: ~q-Z803 SECTION !i.MISCELL~!k~OUS PROVISIONS i!.! Time is of the essence. For the purposes of this Agreement, all times of the day are determined according to Pacific Time. 11.2 No party will be deemed in default on account of any delay or failure to perform its ob~~ ~’__±gaLlons under this Agreement, where the delay or failure is the direct result of an event of ~=~ ~ ~ purposes ~÷ this A~reement, the term "force majeure" will mean an event which is not within the reasonable contro! of a party claiming the existence of such event. 11.3 No party will discriminate in the em_m!o]~ment of persons engaged in the perfo-~m.ance o÷ t~{~ Agreement on account of age, race, color, religion, nationa! origin, ancestry, sexual preference, gender, or disability, in violation of any Law. 11.4 The waiver by a party of any breach or violation of any provision of this Agreement or of any provision of Law wil! not be deemed to be a waiver of any other provision of this Agreement or Law. ~ .....~==m=~ will be11.5 Any @±~pu~s regarding this .~ .......... resolved according to the Laws o÷ the State of California. Am_y legal proceeding wil! be instituted in the courts of the State of California and County of Santa Clara, irrespective of any claim of diversity of citizenship or other possible jurisdictional condi~_ons. !0 11.6 The prevailing party in any action brought to enforce the provisions of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with such an action from the other party. 11.7 Al! exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be part of this Agreement. 11.8 This Agreement constitutes the entire agreement between the parties concerning its subject~matter, and there are no other ora! or written agreements between the parties not incorporated in this Agreement. 11.9 This Agreement will not be construed as nor deemed to be an agreement for ~h~ benefit of any third party or parties, and no third party or parties will have any right of action herein ~r any cause whatever. ii.i0 This Agreement may be amended only by a written instrument signed by both parties. The City Manager is duly authorized to negotiate and execute any amendment to this Agreement. ¯r ~,clause,!! !1 Any ag_eemenu covenant,condition, qualification, term, or other st!pu!au!on in this Agreement will define or otherwise control, establish, or limit the performance required of or permitted by any party¯ A!l provisions of this Agreement, whether covenants or cone!n~ons, w{]i be deemed buu.± covenants and conditions. II /! II I II I I! II I! /I I! !! IN WITNESS 7THEREOF, the parties by their duly appointed representatives have executed this Agreement on the date first above stated. CITY OF PALO ALTO Mayor ATTEST: PALO ALTO UNIFIED SCHOOL DISTRICT Chairper~©n of c~_e Board ATTEST: City Clerk APPROVED AS TO FORM: APPROVED : Business Hanager Assistant City Manager Director of Community Services insurance Review Hanager, Real Property Barton Park Briones Duveneck E1 Carhelo Fairmeadow Greende!l Gunn High Schoo! Hoover j.L. Stanford :Nixon :0h!one :Pa!o Alto High School ¯Palo Verde :Wa±~er Hays :Terman Park :Insurance -- District :Insurance -- City :Non-Discrimination Form 12 Palo AI, Unified School District, Building for Exce!len ce Program / n ~ nn ~N PARK S!TE - EXISTING SITE PL.~N Vanir C ....t, u ......l~anag~ment, !nc. I I I i _J ,I ! <-,~,[ CERTTFTCATE OF - " PRODUCER ~_ndreini & Compamy 220 W 20th Ave. San Mateo, CA 94403 ~15) 573-11!I !NSU~.ED PALO ALTO UNIFIED SCHOOL DISTRICT 25:CHURCHILL AVEhVJE PALO ALTO, CA 94306 ATTACHMENT B THIS CERTIFICATE IS ISSUED AS A !.~._Ts_< OF INFORMATION ONLY ~!~D CONFERS NO RIGHTS UPON THE CERTIF±uA_S HOLDER. IT m~ NOT .~_MEND, EXTEND OR .~TER THE COVEPJ~GE AFFORDED BY THE POLICIES BELOW. ~~ COMP~-NiES AFFORDING ~r~o-~ ~:’~’:~f4 COMPanY A: CALIFO~IA INSUP~CE COHPg~ COMP_<b~ B : COMP.<NY" C : COMP~N~ D: COMPANY E : I COVEP hGES This is to certify that_ policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstandin~ any requirement, term or condition of a~y contract or other document with respect to which this certificate may be issued or may pertain, the insurance af[6~ded by the policies d~scribed herein is subject te al!.the terms, exclusimns and conditions of such Policies. Limits shown may have been reduced by paid claims. CO ~q~l iNS~CE ~~l POLICY NUMBER ~h~4 DATES GENE~L LI.~iLITY Effective $Bodily imj Oc[X]Comp [ ]XCU OB 9!2-7997 *06/0!/9~$~odily [nj Ac [ ] OCP [ ] BFPD $Prop Dmge Oc~ [ ]Premises/Ops $Prop Dmge Agg [ ]ProdiComp Ops Exmiration $ 1,000,000B!&PD Comb Oc [ ] Persona! Injury 0%/01/97 $B!&PD Comb AS ~.~UTO_. LI_~iLITY Effective [ ]~ny Auto //$B! (Person)[ ]Al! Owned (PP)$BI (Accident [ ]Al! Owned(other)$Prop Damage[ ] Hired $BI&PD Co~[ ] Non-owned Expiration [ ]Garage Liab //[-] EXCESS L!abILITY //$Occu__~nc~" [] U~ri!!a $Aggregate[ ] Other // [_~a~ry Limts WORKERS COMP //$Ea Accident EMPLO~RS LI_~//$Disease-Emp! // D= ’ ~’ of omerations/locations/gehic!es/other SUBJEhT TO $75,%00 S.I.R.; INCL~ES $3,000,000 FOR ~ONGFUL ACTS. .RESPECTS: CITY OF PALO ALTO ~MIHIST~.TION OF P.A.U.S.D ATHLETIC FIELDS FOR NON-SCHOOL USE; INCL~ES TE~IS COURTS. 30 DAYS C.~CELLATION EXCEPT WITH RESPECT TO NON-PAY, ~ICH IS !0 DAYS~ I CERTiF! CATE HOLDER CITY OF PALO ALTO ATTN: DAVE BREES 250 H~Tr,PON AVENV.!E PALO ALTO CA 94301 (415) 371-5400 Oi~ of Palo Alb 250 Hamilton Avenue Palo A~, CA 94303 Attn: SanCta Blanch 104 pROGRANt AFFORDING COVERAGE A,~hority for Galibrnla OKies Excess Liability (ACCEL) .=h’od.-Com£1. ~ t-~zard ATTACHMENT D CERTIFICATION O= NOND!~,.,RIIV!INA: iON Certification of Nondiscrimination: As suppliers of goods or services to the City of Pale Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm:Pale Alto Unified Signature: Name:Cathy Signature: Name: Note: Robert F Golton, Deputy Supt (PRINT OR TYPE NAME) California Corporations Code Section 313 requires two corporate officers to execute contracts. *T,he signature of First Officer* mus___.t be one of the following: Chairman of the Board; President; or Vice President. **The signature of the Second ~.,ffJu~r,,,u~ .......u~ one u,-" ~c~r; o~ Aoslo.a~. Treasurer.Assistant Secretmy; Chief ~inancial "~ ^ ...."~’^ (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) r,~Tv r~= PALO ALTO